Opinion
2:20-cv-01761-CDS-BNW
04-06-2023
LaTesha Watson, Plaintiff v. City of Henderson, et al., Defendants
COOK & KELESIS, LTD. Marc P. Cook, Julie L. Sanpei Attorneys for Plaintiff Latesha Watson SNELL & WILMER, LLP Patrick G. Byrne Richard C. Gordon Paul Swenson Prior Christian P. Ogata Attorneys for Defendant City of Henderson CLARK HILL PLLC Nicholas M. Wieczorek, Esq. Attorneys for Defendant Kevin Abernathy
COOK & KELESIS, LTD.
Marc P. Cook, Julie L. Sanpei Attorneys for Plaintiff Latesha Watson
SNELL & WILMER, LLP
Patrick G. Byrne Richard C. Gordon Paul Swenson Prior Christian P. Ogata Attorneys for Defendant City of Henderson
CLARK HILL PLLC Nicholas M. Wieczorek, Esq. Attorneys for Defendant Kevin Abernathy
STIPULATION TO EXTEND DEADLINE FOR DEFENDANTS TO ANSWER FIRST AMENDED COMPLAINT
(FIRST REQUEST)
Defendant City of Henderson (the “City”) and Kevin Abernathy, and plaintiff LaTesha Watson (collectively the “Parties”) stipulate to extend the deadline for the defendants to file their answers to the First Amended Complaint from April 6, 2023, to up to and including April 20, 2023. The Parties make the following stipulation for good cause, not for the purpose of delay, and for the following reasons:
1. In 2021, Watson amended her complaint, reasserting nine causes of action against the currently named defendants. The City and Abernathy moved to dismiss the claims against them, with all motions being fully briefed as of March 25, 2022.
2. Discovery in this matter closed on January 16, 2023. Following the close of discovery, this Court extended the deadline for parties to file dispositive motions.
3. The Parties and defendant Kevin Abernathy moved for summary judgment on February 22, 2023. Following a stipulation of all parties, this Court extended the briefing deadlines on the summary-judgment motions.
4. On March 23, 2023, this Court found that resolution of the motions to dismiss was unnecessary given the filing of the cross-motions for summary judgment.
ECF No. 183.
5. Under Federal Rule of Civil Procedure 12(a)(4)(A), that denial triggered a deadline for the defendants to answer the complaint on April 6, 2023.
6. Because the Parties are currently finalizing briefing related to the summaryjudgment motions, the defendants need additional time to prepare their answers to Watson's complaint, which requires them to analyze the allegations that survive Watson's voluntary dismissal of various defendants in this matter.
7. This request is sought in good faith and is not made for the purpose of delay.
Therefore, the Parties respectfully request to extend the deadline for the defendants to answer the amended complaint to up to and including April 20, 2023.
ORDER
IT IS THEREFORE ORDERED that the Parties' stipulation is GRANTED. The City of Henderson shall have up to and including April 20, 2023, to file its answer to the amended complaint.
IT IS SO ORDERED.